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VON ESSEN v. CIV SERV. COMMN.

3 A.D.3d 115 (2003)

769 N.Y.S.2d 260

In the Matter of THOMAS VON ESSEN, as Commissioner of the New York City Fire Department, et al., Appellants, v. NEW YORK CITY CIVIL SERVICE COMMISSION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 23, 2003.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Julie Steiner and Barry P. Schwartz of counsel), for appellants.

Robert Joel, respondent pro se.

Sullivan Papain Block McGrath & Cannavo P.C. (Michael N. Block, Stephen C. Glasser and Stewart G. Milch of counsel), for Uniformed Firefighters Association, amicus curiae.

SULLIVAN, ROSENBERGER and FRIEDMAN, JJ., concur with ANDRIAS, J.P.; GONZALEZ, J., dissents and would affirm for the reasons stated by MADDEN, J.

OPINION OF THE COURT

ANDRIAS, J.P.

The question presented is whether a New York City firefighter who has been disciplined by the New York City Fire Commissioner pursuant to Administrative Code of the City of New York § 15-113 has the option of appealing from the Commissioner's determination by application to the New York City Civil Service Commission pursuant to Civil Service Law § 76 (1) or by application to the courts pursuant to the provisions...

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